Western appeal. [volume] (Saint Paul, Minn.) 1885-18??, 1887-11-19
ASKS TO BE RELIEVED.

er sparks lust evening personally delivered
TO the President the following letter, de-
sndtng his course In the Chicago, St Paul,
Minneapolis & Omaha land grant case. and
formally resigned his Office
..DEPARrMENr On Tr1E INrEHIOR GENERA
LAND OFFICE, WAsHIrGroN, Nov. 15.-Yo
the President: The honorable Secretary Of the
Interior advises me by letter dated the nth
inst, in effect that he should on that date pre-
sent to you the alternative Of select
ing new Secretary OF the Interior
or new Commissioner OF the General
Land Office, in view OF which I have felt
called upon TO address You this letter. Under
the authority vested IN the Commissioners nv
the laws and in accordance with regulations
and practice nnrs,,ar,t n law nv which actio,,
is first taken the General Land Of1ce in all
matters sre1atins, IN nuh1ic lands + had rre-
yious to Senternher 1897 made adiustrna nts ~
certain railroad land grants two of which
known as the Omaha cases. L had been snacial
" directed NV the Secretary To renort
On Oetoher Z 1ss1 two decisions Of the Sec
retary were rendered il, the Omaha CAGES non.
concurring in nv adjustments and oyerrulinp
the authority on which they were based. He
directed me at the same time to cause the
grants to be adjusted in con formity with said
decisions. The point at issue related to the
claim OF railroad companies to indemnity for
lands that, under railroad granting acts were
reserved from the operation of those acts by
express terms Of the statutes.
previous to 1875 lands that had been re-
served by the Government for Indian and other
purposes and which were excluded from the
grants and from the operation of the granting
acts had been patented or certified to the com,
panies. both az pranted lands and 40 indemnity,
nromi scnous1v With ether lana MFG s.a -
have been done in rnrsuanca of . nractica NJ
giving cnr,na,,i,es ON ss,ya
for annarentlv 1itbo,,t ~; so + ~
Tn that wear the title e. ~,
lands in the state nf Kansas which had haa,, -
erroneouslv conveyed ia tho aava,,nor4t + : n,
renee &(salvaston R;,ilroal Coronany va 80 AZ
creed invalid nv the Tinted states .snnrarna
Court. Since that date. or for the mast twelve
years. lands that were reserved at date
of grant. or date of the definite location of tha
roads, as the case NAV be. have been regard ed
and treated in the decisions and practice OF
| this Office and department as excluded not only
from all the grants but from the indemnity
basis under all grants wherein such reserved
lands are by the terms OF the law excluded
from the operation Of the acts,
.aThe Secretary held in the Omaha casec th nj
the company was entitled to indenon1tv for s,,ch
lands. This dec sion. If adhered to win have
the effect to take from the people manv million
acres of land within railroad indemn3 tv limit.
which by vonr advice and with Won, .nnrova1
as expressed in the Guilford MilIer case have
been proclaimed to the country as restored
to the public domain The question of the
correctness of these decisions became, there
FORE matter Of momentous concern. If thew
correctly declared the law these lands belong
to the railroad companies. II they did not cor
rectly declare the law the lands belonged to
the people. The Omaha decisions purport to
be founded upon the decision of the Supreme
Court in the case of the Winona & ST. Peter
Railroad Company VS.. Barney (1l3 U. S., 61s)
raH fNY flfaft hoE don 49,
Supreme Court in the Barney cases was abso-
lutely silent upon the question decided in the
Omaha cases, and that not even the obiter of
the court sustained these decisions, and it
seemed that the rule of statutory Interpretation
adopted in the Omaha cases was the opposite
OF the rule OF construction adopted by the courts
and laid down by law writer's was, there
fore, profoundly convinced that the Secretary
had been committed to errors of law, which, If
brought fully to his personal attention, might
be corrected.
II is the practice OF the department to per-
init representatives OF railroad companies and
osner private interests TO apply Tor reviews and
IeconS ueraLions OF decls lons when questions
ale declaea against e such interests. believed
.na1 DIS tne onicer OF Ins government having
nne %. guardianship OF Inc public lands,
sil.. enlarge OF me issuance OF
paseA - unuer al grants OF lana oy Congress,
Aau at leaSI equal rlSht with repre-
sentatlVes OF private interests to ask the Sec
rotary Of the Interior to re-examine a depart
mental decision And i believe it especially
proper to express my views to the Secretary in
these cases because had not, but would have
done SO, n the original instance, if had
anticipated q change of ruling and decision
upon the point in question. Accordingly
waited upon the Secretary and personally
expressed to him my desire to have q
review OF the decisions in these cases. He
IN tn lnf f1Nn